Can My Employer Refuse to Let Me Return to Work After Injury?

A workplace injury can take a serious toll, physically and emotionally. For many employees, returning to work is a priority for economic stability and to regain a sense of normality and independence. But what happens when an employer refuses to allow an injured worker to return? Workers across Texas find themselves in this difficult situation.

If your return to work is met with resistance, knowing the protections available for injured workers and employers’ responsibilities will help you approach the situation more effectively and make a change for the better. 

“Workers’ compensation cases aren’t just about benefits—they’re about holding employers accountable for workplace safety.”

Aaron Allison, Attorney

Founding Attorney

Can My Employer Refuse to Let Me Return to Work After Injury?

Understanding Your Rights

Under Texas workers’ compensation laws, you have the right to return to work once your doctor determines that you are fit to do so. This allows you to continue earning an income, maintain employment benefits, and ease the transition back into the workforce. It also benefits employers by reducing workers’ compensation costs and retaining experienced employees.

Employers are required to provide a safe work environment and, when possible, accommodate any work restrictions outlined by your doctor. This may include modifying tasks or offering light-duty work. However, complications arise when an employer is unwilling or refuses to accommodate these restrictions.

When an Employer Refuses

Your employer cannot legally refuse to allow you to return to work if you are medically cleared and capable of performing your duties. However, employers are not obligated to create a new position or modify the job in ways that are unreasonable or unnecessary. Some employers may dispute your ability to work, challenge your medical evaluation, or claim that no suitable roles are available. If this happens, it is important to understand your options and how to protect your rights.

Does My Employer Have to Provide Light-Duty Work?

Light-duty work consists of modified tasks that fit within the physical restrictions set by your doctor. For example, if you previously had a physically demanding role, your employer might offer administrative tasks instead.

Texas employers are not required to offer light-duty work. However, if they do and an employee unjustifiably refuses, the worker may lose their workers’ compensation benefits. Some employers participate in programs that provide financial incentives for accommodating injured employees, but these accommodations are not mandatory. Therefore, it is essential to document all medical instructions and employer communications to protect your rights.

Employers who refuse to provide reasonable accommodations may face increased absenteeism, loss of skilled workers, and potential legal disputes.

The Importance of Consulting an Attorney Early

Navigating Texas workers’ compensation laws can be complicated, especially when the employer does not cooperate. Consulting a Texas workers’ compensation attorney early in the process can help protect your rights and improve your chances of a smooth return to work.

An attorney can:

• Assess your medical condition and legal rights.
• Negotiate with your employer or insurance company.
• Help secure temporary income benefits if you are unable to work.
• Ensure that your employer follows the law and honors your medical restrictions.
• File necessary claims on your behalf.

What to Do If Your Employer Refuses 

If your employer refuses to allow you to return, take the following steps:

1. Document Everything – Keep records of all communications, including emails, letters, and meeting notes regarding your return to work.
2. Follow Medical Instructions – Adhere strictly to your doctor’s recommendations and keep copies of your medical records.
3. Seek Guidance – The Texas Department of Insurance (TDI) provides resources like the Return-to-Work (RTW) Guide, which can help resolve disputes.
4. Consult an Attorney – If issues persist, a workers’ compensation attorney can advocate for you and help uphold your rights.

Texas Workers Compensation Lawyer

For those in Austin, The Law Offices of Aaron Allison specializes in workers’ compensation cases, with a proven track record of success. Here’s how we can help: 

• Secure compensation for workplace injuries and disputes. 
• Navigate the intricate details of Texas workers’ compensation law. 
• Negotiate your return to work and ensure fair resolutions. 
• Help secure temporary income benefits. 
• File necessary claims on your behalf. 

We’ve helped clients secure millions in benefits and settlements. Let us fight for you and help you move forward.

Contact Us Now for a Case Evaluation

If you’ve been injured at work, your steps today can shape your recovery and determine the benefits you rightfully deserve. Don’t wait—protect your rights now. Call us at 512-886-8434 or visit our office at 1601 Rio Grande St., Ste 520, Austin, Texas 78701, for a free case evaluation. Together, we will evaluate your situation and assist you in charting a strong path forward.

Aron Allison, Attorney

For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.

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